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FLORES v. BACA

Nos. 20782, 20790.

871 P.2d 962 (1994)

117 N.M. 306

Maria Luisa FLORES, individually and as personal representative of the Estate of Hipolito Flores, deceased, David Flores, Abraham Flores, Guadalupe Jimenez, Elias Flores, Ezekiel Flores, Daniel Flores, Maria Rebecca Rager, Esperanza Landin, Eva Medina, Jesus Flores, Hipolito Flores, Jr., Josue Flores, and Rachel Ramirez, Plaintiffs-Appellants, Appellees, v. Sam BACA, d/b/a Baca's Funeral Chapels, Defendant-Appellee, Appellant.

Supreme Court of New Mexico.

Rehearing Denied March 28, 1994.

Attorney(s) appearing for the Case

Montgomery & Andrews, P.A., Sarah M. Singleton, Santa Fe, Guevara, Rebe, Baumann, Coldwell & Garay, Colbert N. Coldwell, El Paso, TX, for plaintiffs-appellants.

Gallagher, Casados & Mann, P.C., J.E. Casados, M. Clea Gutterson, Albuquerque, for defendant-appellee.

OPINION

RANSOM, Justice.

Hipolito Flores died on July 9, 1989, survived by his widow, Maria Luisa Flores, and by thirteen children. A daughter, Rachel Ramirez, contracted with Sam Baca, doing business as Baca's Funeral Chapels, to prepare Hipolito's body and to perform funeral and burial services. Hipolito's body was exhumed for autopsy two weeks after interment, at which time the family discovered that the lower half of the body had not been embalmed. Maria...

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